Prathna Farming P. Ltd., Ahmedabad V. M/s. Income Tax Officer, Ward-3(1)(4), Ahmedabad

ITA 487/AHD/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8487 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-04-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 27-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained cash credit
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SHR I S. S. GODARA , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER PRATHNA FARMING P. LTD., 11, SHAAN HOUSE, CHANDRAKURPA SOCIETY, PART - 2, OPP JAY SHEFALI ROW HOUSE, SATELLITE ROAD, AHMEDABAD - 380015 PAN: AAACP9249D (APPELLANT) VS THE ITO, WARD - 3(1)(4), AHMEDABAD (RESPONDENT) REVENUE BY : S H RI PRASOON KABRA , SR. D . R. ASSESSEE BY: NONE DATE OF HEARING : 15 - 03 - 2 018 DATE OF PRONOUNCEMENT : 12 - 04 - 2 018 / ORDER P ER : AMARJIT S INGH, ACCOUNTANT MEMBER : - THIS ASSESSEE S APPEAL FOR A.Y. 2012 - 13 , ARIS ES FROM ORDER OF THE CIT(A) - 9 , AHM EDABAD DATED 13 - 12 - 2016 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE ASSESSEE HAS RAISED FOLLOWIN G GROUND OF APPEAL: - 1. THE LD. CIT(A) ERRED ON FACTS AND IN LAW IN CONFIRMING ADDITION OF RS. 2,75,00,000/ - U/S. 68. 3. IN THIS CASE, ASSESSMENT U/S. 143(3) OF THE ACT WAS COMPLETED ON 27 TH MARCH, 2015. THE ASSESSING OFFICER HAS MADE ADDITION OF RS. 2 ,75,00,000/ - U/S. 68 OF THE ACT ON ACCOUNT OF UNEXPLAINED CASH CREDIT. I T A NO . 487 / A HD /20 17 A SSESSMENT YEAR 2012 - 13 I.T.A NO. 487 /AHD/20 17 A.Y. 2012 - 13 PAGE NO PRATHNA FARMING PVT. LTD. VS. ITO 2 4. AGGRIEVED AGAINST THE DECISION OF LD. CIT(A), ASSESSEE PREFERRED APPEAL BEFORE THE LD. CIT(A). THE LD. CIT(A) HAS DISMISSED THE APPEAL OF THE ASSESSEE. 5. DURING THE COURSE OF AP PELLATE PROCEEDINGS BEFORE US, NOBODY HAS APPEARED FROM THE SIDE OF THE ASSESSEE. ON PERUSAL OF THE ORDER, WE FIND THAT THE LD. CIT(A) HAS DECIDED THE APPEAL EX - PARTE AS THE ASSESSEE HAS NOT MADE COMPLIANCE BEFORE THE LD. CIT(A) IN SPITE OF ISSUING A NUMB ER OF NOTICES DURING THE COURSE OF APPELLATE PROCEEDINGS. THE LD. DEPARTMENTAL REPRESENTATIVE HAS INDICATED THAT AS PER PAGE NO. 2 OF THE LD. CIT(A) S ORDER, THE HEARING WAS FIXED A NUMBER OF TIMES BUT NO COMPLIANCE HAS BEEN MADE FROM THE SIDE OF THE ASSE SSEE IN SPITE OF GIVING SUFFICIENT OPPORTUNIT IES . AFTER PERUSAL OF THE ORDER OF THE LD. CIT(A), WE OBSERVED THAT ASSESSEE WAS ISSUED NOTICE DATED 26 TH MAY, 2016. THEREAFTER, ASSESSEE HAS OBTAINED ADJOURNMENT FOR FOUR TIMES. THEREAFTER, NOBODY ATTENDED. THE FACT INDICATES THAT ASSESSEE HAS SOUGHT ADJOURNMENTS BUT THEREAFTER NO FURTHER NOTICE HAS BEEN ISSUED TO THE ASSESSEE. LOOKING TO THE QUANTUM OF ADDITION, WE CONSIDER THAT IT WILL BE APPROPRIATE IN THE INTEREST OF JUSTICE TO PROVIDE ONE MORE OPPORTUN ITY TO THE ASSESSEE FOR DECIDING THIS CASE ON MERIT. THEREFORE, WE RESTORE THIS CASE TO THE FILE OF LD. CIT(A) TO DECIDE IT AFRESH ON MERIT AFTER AFFORDING THREE OPP ORTUNITIES OF HEARING FAILING WHICH OUR INSTANT ORDER WOULD BE DEEMED TO HAVE BEEN VACAT ED. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PR ONOUNCED IN THE OPEN C OURT ON 12 - 04 - 201 8 SD/ - SD/ - ( S.S. GODARA ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 12 /04 /2018 / COPY OF ORDER FORWARDED TO: - I.T.A NO. 487 /AHD/20 17 A.Y. 2012 - 13 PAGE NO PRATHNA FARMING PVT. LTD. VS. ITO 3 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,